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Karnataka High Court Quashes Order to Shut Jan Aushadhi Stores in Government Hospitals

The case before the Dharwad Bench centered on claims that the closure order burdened poor patients’ access to low-cost generics.

Overview

  • Justice M. Nagaprasanna allowed petitions by Rakesh Mahalingappa L and others, striking down the May 14 circular that targeted outlets on government hospital premises.
  • The judge issued the decision with an oral remark that the government should not tinker with medicines for the poor, and a detailed written order is awaited.
  • The state argued it would supply free medicines within hospitals and said Jan Aushadhi outlets could function outside government land, so in-hospital stores were not essential.
  • Petitioners cited Articles 19(1)(g) and 21, asserted legitimate expectation to continue operations, and highlighted 50–90% price reductions that benefit low-income and chronic patients.
  • BJP leaders, including MP Tejasvi Surya, welcomed the ruling and pointed to claimed nationwide savings under the Pradhan Mantri Bhartiya Janaushadhi Pariyojana.